Alimony

Alimony payments, in case of separation, are decided in favor of the spouse with the lesser income with the following criteria:

• for the spouse: deciding it in relation to the income of the economically stronger spouse. The income criterion is normally “adjusted” from time to time considering (where applicable):
  • the payment of rent by the encumbered spouse who has had to leave the family home
  • the payment by the encumbered spouse of the mortgage installments on the family home assigned to the other spouse
  • the respective equities (especially real estate)
  • the presence of regular income support by third parties
• for the children: the income criterion is already “adjusted” according to the above parameters, and also takes into adequate consideration:
• the specific needs of the children and lifestyle habitually enjoyed during the marriage
• the amount of time spent with each parent (see joint custody)

The alimony payment assigned to the economically weaker spouse is subject to more restrictive criteria (that is, it is often reduced, with respect to that received during the separation, and sometimes cancelled).

In calculating the contribution to the spouse who divorces the reasons for the decision become significant, and the fact that the “weaker” spouse is unable to find work for objective reasons (that is, not because of simple negligence).

Read more